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by Shinkei 2971 days ago
I'm pretty disappointed by all the armchair lawyering in this thread that isn't defending the individual/citizen in this case.

.gov, .fr, etc were created for a reason. Trademark law is intended to protect people from intentionally misleading branding.

These two items taken together should make it obvious that France.gov is the only name the government of France 'should' be entitled to. If you are willing to say that France.com should be available to the French government... then it's a slippery slope. Are you going to give them to right to take down critical websites with titles like Francesucks.com or Francegenocide.com.

These lawsuits have played out before between private individuals like Madonna et al.

https://en.wikipedia.org/wiki/Cybersquatting

Why should a government be privileged to seize any .com that they deem to be in their interest? There is no evidence that France.com was not being used in a nefarious or misleading way.... in fact it sounds like the government had at least unofficially endorsed the site's usage and contributed. It was being used for a bonafide business.

I really think anyone defending a government's 'right' to seize this domain name is forgetting the underlying liberal democratic principles of the internet. Rights are for people, not governments. I don't see how France acting in this way serves its people constructively.

EDIT: It seems like all people care to comment on is the fact that they (and I) already know that .gov is for the US government, while other countries have their own TLDs.

Let me play Devil's Advocate for a moment to hopefully make you think more critically about this decision.

What if you owned a famous China (dishware, cups, etc) company and registered China.com back in 1994. Do you think China should be allowed to take that domain?

Or another, what if a new country were formed that were suddenly the same name as a pre-existing multinational corporation.... Government wins? Always?

5 comments

Isn't this now (yet another) misuse of .com? That TLD is for COMmerce. And it appears they're ruining some guy's life just to redirect to france.fr - i.e. it's only there to catch when someone mistakenly types france.com. Someone who types france.com deserves to be taken to some kind of commercial entity. Such as france.com!
.gov is only available to the United States government. There's no way for France to get france.gov.
I edited my post. I meant to say that governments have assigned/protected names like .fr, .de, etc.
No, they have not. Each country can manage country-code top level donains, but that's just it: a specific top-level domain they are free to use. That doesn't negate them the right of using other domains, just like if you buy a domain name you don't lose the right of using a second or a third one.

It boggles the mind how anyone in their right mind can believe that a cyber-squatter shoud somehow have the right to hold the domain name of a sovereign nation for ransom.

Except he wasn’t a cyber squatter — he built a business around it.

It’s seems uncommon for countries to actually own COUNTRY.com - UnitedStates.com, America.com, Germany.com and many more are privately held.

germany.com isn't in the same class as the other examples; France's claim on france.com is arguably more similar to Germany's hypothetical claim on deutschland.com . Why assume that what governments really care about is the English name for their country?
Germany doesn’t care about deutschland.com either.

So, unclear what your point is.

Mine, is that countries generally don’t seem to care about the .com (of any variation) of the country name.

"It boggles the mind how anyone in their right mind can believe that a cyber-squatter shoud somehow have the right to hold the domain name of a sovereign nation for ransom."

I... just don't know how to respond to this. Do you have any proof that it was 'being held for ransom'? It sounds like it wasn't for sale at any price... it was hosting the man's business.

And I definitely don't agree with cyber-squatting... in fact I personally think that 'parked' domains should be returned to the public domain after some X years. I hate that there are people holding vast numbers of potentially useful domain names and not using them for anything.

I just don't understand how you drew that conclusion in this particular case... it sounds like the opposite actually.

The guy who owned the domain wasn’t “cyber squatting”. If he was, there is a process for that.. which wasn’t followed here.
Individuals should have more rights and more freedoms than nations.
The UN having any such powers is a long way off, for now you get your rights ensured by your country.
In 47 countries, people can appeal to the ECHR: https://en.wikipedia.org/wiki/European_Court_of_Human_Rights

Though I don't think they deal with domain names.

Indeed. It uses .gouv.fr subdomains.
We should give this guy FRANCE.gov
> .gov was created for a reason.

Apparently, the .gov tld was created to be uses exclusively by government entities in the United States.

France is not a government entity of the USA.

I edited my post. I meant to say that governments have assigned/protected names like .fr, .de, etc.
.gov is purely American, the French equivalent is .gouv.fr
francesucks.com cannot be mistaken as an official France site. Americans looking for travel information won't know to type france.gov.fr
Americans looking for travel information don't type any domain name at all.

They type "france travel information" into Google.